Nawaz declared proclaimed offender

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday declared former prime minister Nawaz Sharif a proclaimed offender in the Al-Azizia and Avenfield references and served notices to the Pakistan Muslim League-Nawaz (PML-N) supremo’s guarantor, Sakhi Abbas, over the accused’s lack of appearance.

A division bench of the IHC, comprising Justice Amir farooq and Justice Mohsin Akhtar Kiyani, conducted a hearing on appeals in the Avenfield properties and Al-Azizia Steel Mills references, during which it ordered fixing the appeals of Sharif, along with identical petitions of Maryam Nawaz and Capt (retd) Safdar Awan for hearing on December 9.

During the course of the proceedings, Ministry of Foreign Affairs’ Europe I Director Mubashir Khan testified. He said on October 19, court orders were received and a letter was written to the Pakistan High Commission London asking it to paste summon notices outside of Nawaz Sharif’s residence there and take other measures accordingly.

On October 21, a certified copy was received from the Attorney-General and on the same day it was conveyed to the High Commission, along with a copy of local law. A reply was received from there on November 3, while a fax of the implementation message was received from London on November 9, while a report was submitted to the court on November 20. Mubashir Khan said receipts of Royal Mail were received on November 30.

On a query by the bench, Deputy Attorney-General Tayyab Shah said the advertisements were published in English and separate ads were published in two cases. Mubashir Khan said he had received the proclamation of Nawaz Sharif, issued by the court, and sent it from the Foreign Office to the Pakistan High Commission in London.

Sharif’s summon advertisement compliance documents were presented before the court. The court inquired whether the text given him by the Registrar’s Office was the same, to which the Deputy Attorney General answered in the affirmative.

Mubashir Khan, while presenting the confirmed receipt of Sharif’s notices through Royal Mail, told the court it was delivered through Royal Mail, the date and day were also mentioned on the receipt. The court then ordered the documents be made part of the case record.

After this, the court recorded a statement of witness Ijaz Ahmed, Assistant Director Federal Investigation Agency (FIA) Lahore, who said he went to Model Town in Lahore, along with Assistant Director Tariq Masood and pasted notices outside the residence of Nawaz Sharif “in simple language”. That same day, they went to Sharif farms at Jati Umra and pasted the notices. A report was submitted on October 23 with the Masood’s signature and 10 photographs taken on the spot.

The witness said he also met and informed the two employees of Sharif family — Muhammad Mansha and Anwar — at Jati Umra.

On a query by Justice Farooq, NAB prosecutor Jahanzeb Bharwana requested the bench to turn down Sharif’s appeals against his sentences. To this, Justice Farooq said: “Not today, but assist the court on the next hearing with judicial precedents in similar matters.”

Bharwana said Sharif could be given a further sentence for not surrendering before the court under section A-31 of the National Accountability Ordinance. Justice Farooq said if there was such a punishment in the law, appeals could also be decided on merit. The court said the appeals of Maryam and Safdar were also being heard next week.

Bharwana argued that the merits of Maryam Nawaz and her husband’s appeals were different. At this, Justice Kiyani said the court would open the complete case as the decision was in the same case. He said: “This court also has to view the conduct of former judge Arshad Malik.”

Bharwana said Nawaz Sharif had filed a petition to produce five witnesses while the second case was filed by Nasir Butt — who he said was also a fugitive. Justice Farooq said: “We will pass orders keeping in view the evidence.” He then asked the NAB prosecutor what the court should do next, as there were two appeals from Sharif and two from NAB.

The court noted that a notice was issued on NAB’s appeal to increase the Al Azizia sentence, while no notice was served in the Flagship Investments case. “Should Nawaz Sharif’s appeal be kept separate in the Al-Azizia reference or with it,” the bench asked. The NAB prosecutor said the Al-Azizia reference appeal was completely different, and suggested it should be looked at separately. At this, Justice Farooq said the other side was not present and asked the prosecutor to assist the court. Bharwana said the same court had given a decision in the Pervez Musharraf case.

Justice Farooq replied by saying the court had to view (things through the lens of) the law even if the accused had become an absconder. The court then adjourned hearing till December 9.